Assumption of Risks: I have asked to participate in recreational activities, including but not limited to hunting, shooting, fishing, camping and driving on Golden Ram Sportsman Club (GRSC) properties. I understand these activities can be dangerous and involve significant risk of damage, injury or death. I am freely and voluntarily participating in these activities with full knowledge of the risks and dangers involved and hereby agree to accept, on behalf of myself, my family, my heirs and all third parties all such risk of damage, injury or death. The undersigned agrees that under the circumstance that he/she causes damages to any item of property, or the property itself, owned by Golden Ram Sportsman Club, or the landowner, regardless of fault, the undersigned is responsible for the cost of the repairs and agrees to pay for such loss or damage.
Releases: As further consideration for being allowed to participate in the recreational activities provided by the Golden Ram Sportsman Club and/or Nick Tacito, Colin Finn, all guides, all employees and all assistants, I hereby on behalf of myself, my minor children/wards, my family, my heirs and any other third party do hereby release, waive, discharge, relinquish, acquit, covenant not to sue and forever discharge the Golden Ram Sportsman Club, Nick Tacito, Colin Finn, all partners, all guides, all employees and all assistants, all land owners, land managers, and their agents, servants and employees from any and all causes of action for personal injury, property damage, wrongful death or other damages, which occur to me during or as a result of my participation in recreational activities or use of properties. I intend that these releases be as broad as possible under the law so that those I am releasing are protected from liability to the fullest extent possible. I understand that I am releasing all causes of action against those released including those arising from alleged or actual negligence. In providing this release I understand that serious accidents can and do occur during participation in recreational activities of the type the Golden Ram Sportsman Club provides and that I may personally suffer damages, serious personal injury, long-term disability and even mortal injuries, and I hereby expressly agree to assume all such risks and all such costs on behalf of myself, my family and my heirs.
I expressly waive the benefits and provisions of Section 1542 of the Civil Code of the State of California, and any similar law of any state or territory of the United States or other jurisdiction. Civil Code Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Insurance: Golden Ram Sportsman Club does not insure the undersigned for any risk, including injury or medical expense incurred while on a visit, trip or hunt. GRSC recommends the undersigned provide their own insurance for both personal and property, the risk and hazards inherent in the activities at the GRSC properties, before executing this agreement. I am solely responsible for any insurance coverage desired and am fully aware that GRSC & all landowners will not cover any of my medical costs.
Agreement to Indemnify: I further agree on behalf of myself, my children/wards, my family and my heirs that should any claim or legal action of any sort be brought based all or in part on any risk I am assuming and/or claim I am releasing in this document, and/or a claim brought by another person based all or in part on any alleged negligence or wrongdoing by me or anyone participating in club activities under my membership, I hereby agree on behalf of myself, my heirs, executors, administrators and assigns hereby releases, waives, discharges, relinquishes and agrees to indemnify and save harmless the Golden Ram Sportsman Club, Nick Tacito, Colin Finn, all partners, all guides, all employees and all assistants, the club property land owners and managers, and their agents, servants and employees, from and any all liabilities, any claims of any type including but not limited to personal injury, disability or causes of action by whomever or whenever made or presented, including all costs and including reasonable attorney fees and costs.
IT IS THE INTENTION OF THE UNDERSIGNED BY THIS INSTRUMENT TO EXEMPT AND RELIEVE GOLDEN RAM SPORTSMAN CLUB, NICK TACITO, COLIN FINN, ALL PARTNERS, ALL GUIDES, ALL EMPLOYEES AND ALL ASSISTANTS, ALL LANDOWNERS, LAND MANAGERS, AND THEIR AGENTS, SERVANTS AND EMPLOYEES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR OTHERWISE.
I FURTHER UNDERSTAND THAT SERIOUS ACCIDENTS OCCASIONALLY OCCUR DURING DRIVING, RIDING, SHOOTING, HUNTING AND RELATED ACTIVITIES AND THAT PARTICIPANTS IN SUCH ACTIVITIES OCCASIONALLY SUSTAIN MORTAL OR SERIOUS PERSONAL INJURIES, LONG-TERM DISABILITY AND/OR PROPERTY DAMAGE, AS A CONSEQUENCE THEREOF, KNOWING THE RISK OF DRIVING, RIDING, SHOOTING, HUNTING, BEING EXPOSED TO FIREARMS AND USE OF FIREARMS BY OTHERS, INCLUDING ACCIDENTAL SHOOTING AND RELATED RECREATIONAL ACTIVITIES, NEVERTHELESS, I HEREBY AGREE TO ASSUME THOSE RISKS.
Other Terms: I intend that this agreement be as broad and inclusive as permitted by the laws of the State of California and that it be interpreted paramount to the laws of the State of California. Further, if any portion of this agreement is found by a court to be invalid, any and all of the remaining parts of this agreement shall be binding.
I further acknowledge that I have carefully read this agreement before signing and that I fully understand its contents. I have signed the same voluntarily, of my own free will, not under duress and with a full understanding the signing impact my legal rights. The parties acknowledge that his agreement has been agreed to by both parties, that both GRSC and participant has consulted with attorneys with respect to this agreement and that no presumption shall be created against GRSC because GRSC drafted this agreement. I am aware that I am releasing all liability and assuming all risks of injury and damage. I have read and understand and agree on behalf of myself, my minor child/ward, my assignees, subrogors, heirs, next of kin, executors and personal representative to be bound by the terms of this agreement.